Meeting notice: delivery of materials proved, decisions not declared void

OÜ Roburink sought a declaration that the meeting decisions of KÜ Linda 1, now Narva linn, Linda tn 1 korteriühistu, of 2 June 2011 were void. The company, an owner of non-residential premises, alleged that it learned of the meeting late and could not inspect the proposed financial plan, report and balance sheet in advance. The circuit court upheld dismissal. A witness expressly confirmed placing the invitation, plan and reporting materials in the company’s mailbox before the meeting. The company did not prove non-delivery or undermine the witness’s credibility. The court considered the clarification that the mailbox was on the façade, but held that its exact location did not change the established delivery. No defect in convening was established, so there was no basis to treat the decisions as void, without legal effect from the outset. General complaints about information and a different meeting did not replace this case’s subject; the company had brought no independent claim requiring disclosure of documents. The appeal was dismissed and Viru Maakohus’s judgment of 2 April 2012 upheld. OÜ Roburink bears costs in both instances.